Las Vegas, Nevada — A Nevada federal judge has intervened in the deportation case of a 29-year-old Venezuelan man, Adrian Arturo Viloria Aviles, issuing a temporary halt amidst controversial legal arguments used by U.S. authorities. The Trump administration had targeted Viloria Aviles for rapid deportation, branding him as a violent gang affiliate, an accusation he firmly denies.
Viloria Aviles was taken into custody by immigration officials during a vehicle stop in Kearns, Utah, in February. Authorities claimed he was associated with Tren de Aragua, a notorious street gang from Venezuela. Following his arrest, he was moved to a detention center in Nevada and was scheduled to be quickly deported to El Salvador, bypassing traditional asylum procedures.
On April 3, lawyers from the UNLV Immigration Clinic and the American Civil Liberties Union, representing Viloria Aviles, challenged his imminent transfer and deportation in federal court. They argued that the government’s use of the Alien Enemies Act—a law allowing swift action against nationals from hostile countries—was misapplied and infringed on his right to seek asylum.
In her ruling on Wednesday, U.S. District Court Judge Gloria Navarro sided with the defense, blocking any immediate deportation actions. The ruling emphasizes the legal contention surrounding the use of the Alien Enemies Act, particularly when the U.S. is not officially at war with Venezuela. This law historically permits rapid deportations but is facing scrutiny over its legality and applicability in such cases.
The delay ordered by Judge Navarro extends Viloria Aviles’ chance to plead his case, pushing his asylum hearing to June 20. Michael Kagan, director of the UNLV Immigration Clinic and one of the lawyers defending Viloria Aviles, stated the federal court action was crucial to uphold the standard legal processes for those seeking asylum.
This case mirrors other recent incidents where the same act has been employed. The Supreme Court, earlier this week, pronounced a 5-4 decision stating that while Venezuelan nationals could be deported under this specific law, they must first be granted a court hearing. However, the continued rapid transfer of detainees across various facilities has made it challenging for legal representatives to adequately prepare for such hearings.
Kagan highlighted ongoing concerns with these transfers, disclosing that Viloria Aviles was shuffled between detention centers in New Mexico and Texas abruptly, nullifying a bond hearing set in Las Vegas. These tactical relocations effectively circumvent recent judicial mandates requiring hearings prior to deportation actions.
The case has drawn attention to broader issues regarding the treatment of Venezuelan immigrants in the U.S. Under the Trump administration’s stringent immigration policies, many are quickly labeled as national security threats without substantial evidence, often solely based on physical appearances such as tattoos. Such procedures have raised serious questions about due process and the humane treatment of asylum seekers.
Federal judges in other states, including Texas and Colorado, have similarly issued temporary stops on the deportations of other Venezuelans under the scrutinized legal framework of the Alien Enemies Act. Collectively, these rulings underscore a growing judicial acknowledgment of potential overreach in the administration’s swift deportation strategies.
As the legal battles unfold, Kagan remains cautiously optimistic, hoping the judiciary will continue to uphold protections against hasty and potentially unlawful deportations that could lead individuals back into life-threatening circumstances in their home countries.
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